Nature of the Case
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Facts
Clark (P) sued Associates (D) for damages to his property and person (a broken leg) when D's agents used force to repossess a tractor that was collateral for a P-D loan. D filed a third-party complaint seeking indemnity from its employee (Howard) and two others who assisted in the repossession. The third-party defendants moved to dismiss the third-party complaint and P moved to strike that complaint or for a separate trial for the issues raised therein. P alleged that Howard and the other repossessing parties were agents of D.
Holding and Decision
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Legal Analysis
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